Clarke v. Sun Life Assurance Company of Canada, 2020 ONCA 11
| Judge | Brown, Huscroft and Trotter JJ.A. |
| Court | Court of Appeal (Ontario) |
| Case Date | January 08, 2020 |
| Jurisdiction | Ontario |
| Citations | 2020 ONCA 11 |
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14 practice notes
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Court Of Appeal Summaries (November 29 ' December 3)
...Limitations Periods, Discoverability, Limitations Act, 2002, S.O. 2002, c. 24, Sched. B, Clarke v. Sun Life Assurance Company of Canada, 2020 ONCA 11, Longo v. MacLaren Art Centre Inc., 2014 ONCA 526, Thompson v. Sun Life Assurance Company of Canada, 2015 ONCA 162, Markel Insurance Company ......
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Court Of Appeal Summaries (November 29 ' December 3)
...Limitations Periods, Discoverability, Limitations Act, 2002, S.O. 2002, c. 24, Sched. B, Clarke v. Sun Life Assurance Company of Canada, 2020 ONCA 11, Longo v. MacLaren Art Centre Inc., 2014 ONCA 526, Thompson v. Sun Life Assurance Company of Canada, 2015 ONCA 162, Markel Insurance Company ......
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Kinectrics Inc. v. FCL Fisker Customs & Logistics Inc., 2020 ONSC 6748
...of the person with the claim first ought to have known” of the four elements: Clarke v. Sun Life Assurance Company of Canada, 2020 ONCA 11, 149 O.R. (3d) 433, at paras. [80] Anderson Haulage contended that if Kinectrics had not discovered the claim against Anderson Haulage on the date of th......
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Court Of Appeal Summaries (January 6 January 10, 2020)
...v Wall, 2018 SCC 26, Ahenakew et al. v MacKay et al. (2004), 71 O.R. (3d) 130 (CA) Clarke v Sun Life Assurance Company of Canada , 2020 ONCA 11 Keywords: Contracts, Insurance, Long-Term Disability, Civil Procedure, Summary Judgment, Limitation Periods, Discoverability, "Appropriate Means", ......
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9 cases
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Kinectrics Inc. v. FCL Fisker Customs & Logistics Inc., 2020 ONSC 6748
...of the person with the claim first ought to have known” of the four elements: Clarke v. Sun Life Assurance Company of Canada, 2020 ONCA 11, 149 O.R. (3d) 433, at paras. [80] Anderson Haulage contended that if Kinectrics had not discovered the claim against Anderson Haulage on the date of th......
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Vu v. Attorney General of Canada, 2020 ONSC 2447
...four elements a court must examine cumulatively to determine when a claim was discovered: Clarke v. Sun Life Assurance Company of Canada, 2020 ONCA 11, O.J. No. 71, at para. 20 (“Clarke”). These four criteria constitute the subjective knowledge date. [23] Section 5(1)(b) sets out a modified......
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Burwell v. Wozniak,
...and then applied the test to the particular facts of this case. The Arbitrator cited Clarke v. Sun Life Assurance Company of Canada, 2020 ONCA 11, 149 O.R. (3d) 433 regarding the appropriate approach to the discoverability rule. In that case, the Court of Appeal overturned the trial judge&#......
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Levac v. James,
...person would have found out about the claim, and the earlier of the two is the discovery date: Clarke v. Sun Life Assurance Company, 2020 ONCA 11. In the ordinary medical malpractice claim, the date that the patient learned of his or her injury is typically the discovery date, since th......
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5 firm's commentaries
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Court Of Appeal Summaries (November 29 ' December 3)
...Limitations Periods, Discoverability, Limitations Act, 2002, S.O. 2002, c. 24, Sched. B, Clarke v. Sun Life Assurance Company of Canada, 2020 ONCA 11, Longo v. MacLaren Art Centre Inc., 2014 ONCA 526, Thompson v. Sun Life Assurance Company of Canada, 2015 ONCA 162, Markel Insurance Company ......
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Court Of Appeal Summaries (November 29 ' December 3)
...Limitations Periods, Discoverability, Limitations Act, 2002, S.O. 2002, c. 24, Sched. B, Clarke v. Sun Life Assurance Company of Canada, 2020 ONCA 11, Longo v. MacLaren Art Centre Inc., 2014 ONCA 526, Thompson v. Sun Life Assurance Company of Canada, 2015 ONCA 162, Markel Insurance Company ......
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Court Of Appeal Summaries (January 6 January 10, 2020)
...v Wall, 2018 SCC 26, Ahenakew et al. v MacKay et al. (2004), 71 O.R. (3d) 130 (CA) Clarke v Sun Life Assurance Company of Canada , 2020 ONCA 11 Keywords: Contracts, Insurance, Long-Term Disability, Civil Procedure, Summary Judgment, Limitation Periods, Discoverability, "Appropriate Means", ......
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Eric's LTD Update - Winter 2020
...PERIOD Clarke v. Sun Life Assurance Company of Canada, 2019 ONSC 2942 Appeal heard: Clarke v. Sun Life Assurance Company of Canada, 2020 ONCA 11 The Plaintiff's claim for disability benefits in relation to any occupation benefits under the insurance policy with defendant was refused by lett......
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